If Nucor Corporation (“Nucor”) notified you of a Data Incident discovered around June 1, 2023, you may be eligible for compensation benefits from a class action settlement.
A class action settlement has been reached in the case of Burleson v. Nucor Corporation, Case No. 24CV012197-910, pending in the Superior Court of North Carolina, Wake County. On August 30, 2024, the Court preliminarily approved this settlement (the “Settlement”) and, by agreement of the parties to the lawsuit (the “Parties”), certified this lawsuit to proceed as a class action for settlement purposes only.
The lawsuit arises out of a third party’s unauthorized access of certain files of Nucor Corporation’s (“Nucor” or “Defendant”) that contained certain personal information discovered by Nucor around June 1, 2023 (the “Data Incident”). Nucor was informed by one of its third-party software vendors that a previously unknown vulnerability existed in a widely used file transfer software. Nucor reacted immediately by disabling external access to the software and applying the security fix provided by the software vendor. Nucor also launched an extensive investigation and discovered that between approximately May 26, 2023, and June 1, 2023, before Nucor was notified of the vulnerability, certain electronic files were acquired by unauthorized third parties. Nucor’s investigation revealed that the files that were acquired by the unauthorized third parties contained the names of certain individuals, bank account number, routing number and amounts deposited to those individuals’ accounts. Nucor denies wrongdoing and liability in connection with the allegations in the lawsuit.
If you were mailed notification by Nucor that your personal information was potentially compromised in the Data Incident. You will be considered a member of the Settlement Class unless you timely opt-out of the Settlement.
Documented out-of-pocket expense reimbursement: All Settlement Class Members are eligible for reimbursement for documented, unreimbursed out-of-pocket expenses that must be fairly traceable to the Data Incident, not to exceed an aggregate total of $750.00 per Settlement Class Member (“Out-of-Pocket Expenses”).
Lost time reimbursement: Settlement Class Members are also eligible to receive reimbursement for up to four (4) hours of lost time spent remedying issues fairly traceable to the Data Incident (calculated at $17.50 per hour), but only if the Settlement Class Member attests that any claimed lost time was spent in connection with efforts to remedy issues fairly traceable to the Data Incident; and (ii) provides a written description of how the claimed lost time was spent in connection with efforts to remedy issues fairly traceable to the Data Incident (“Lost Time”). Claims made for Lost Time can be combined with reimbursement for the above-referenced Out-Of-Pocket Expenses, and are subject to the same total aggregate cap of $750.00 per Settlement Class Member.
Documented extraordinary out-of-pocket expense reimbursement: Settlement Class Members can also receive reimbursement for their documented extraordinary monetary out-of-pocket losses to the extent not already covered by Out-of-Pocket Expenses if their identity was stolen as a result of the Data Incident in an amount not to exceed $7,500 per Settlement Class Member (“Extraordinary Expenses”). Settlement Class Members must provide sufficient documentary proof that their identity was stolen as a result of the Data Incident to be eligible for the unreimbursed extraordinary out-of-pocket expenses.
Credit monitoring services for those who did not enroll previously: As a precaution, in June of 2023 Nucor offered all those affected by the Data Incident a two-year subscription to Equifax’s Complete Premier service at no cost. Settlement Class Member who did not previously enroll in credit monitoring have the opportunity to receive twenty-four (24) months of credit monitoring services at no cost upon submission of a timely, Valid Claim.
To receive compensation for Out-of-Pocket Expenses, Extraordinary Expenses, or Lost Time, you must submit a Valid Claim, subject to the penalty of perjury, along with any necessary supporting documentation (other than an adequate written description for Lost Time) by December 30, 2024.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT | ||
| ACTION | EXPLANATION | DUE DATE |
| DO NOTHING | You will be included in the Settlement Class but receive no benefits. You will be bound by the Court’s judgment of dismissal and release claims against Nucor/Released Entities relating to the Data Incident | No deadline |
| SUBMIT A CLAIM FORM | Settlement Class Members can choose to submit a claim to receive Settlement benefits. You must submit a Valid Claim to the Claims Administrator to receive any benefits from this Settlement. You will be bound by the Court’s judgment of dismissal and release claims against Nucor/Released Entities relating to the Data Incident. |
December 30, 2024 |
| ASK TO BE EXCLUDED | If you choose to exclude yourself (i.e., opt out), you will not be included in the Settlement. You will receive no benefits and you will not release any claims you may have against Nucor/Released Entities relating to the Data Incident. Please see question 11 of the Notice of Class Action and Proposed Settlement for the details on how to exclude yourself from the settlement. |
November 29, 2024 |
| OBJECT | If you wish to object to the Settlement, you must timely submit written notice of your objection to the Clerk of the Court, and send a copy of your objection to the attorneys for the Parties. If you exclude yourself from the Settlement, you cannot file an objection. Settlement Class Members who do not timely make their objections in this manner will be deemed to have waived all objections and shall not be heard or have the right to appeal approval of the Settlement. Please see question 12 of the Notice of Class Action and Proposed Settlement for the details on how to object to the settlement. |
November 29, 2024 |
To understand all your options and how your rights will be affected, as well as the deadlines for action on your part, please read all of the Notice of Class Action and Proposed Settlement.
The Court has already granted preliminary approval of the Settlement. The Court will hold a Final Fairness Hearing on January 13, 2025 at the Superior Court of North Carolina, Wake County, located at 316 Fayetteville St., Raleigh, NC 27601. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider and rule on them. The Court may also decide the amount of attorneys’ fees, costs, and expenses to pay Class Counsel and the amount of incentive awards to pay Class Representatives. After the hearing, the Court will decide whether to approve the Settlement
Continue to visit this website for Settlement updates and for the date and time of the hearing. The hearing may be continued to a future date or time without notice.